Defendant Tattoo Artist Prevails in Miles Davis Tattoo Suit; Lexology, January 5, 2026

Michael Best & Friedrich LLP , Lexology; Defendant Tattoo Artist Prevails in Miles Davis Tattoo Suit

"In the case, Sedlik v. Von Drachenberg, 9th Cir., No. 24‑3367 (Jan. 2, 2026), the Ninth Circuit affirmed a jury verdict in favor of celebrity tattoo artist Katherine “Kat Von D” Von Drachenberg in a closely watched copyright dispute brought by photographer Jeffrey Sedlik over a tattoo based on Sedlik’s well-known portrait of Miles Davis. A link to the images of the photo and the tattoo can be seen here (Kat Von D defends use of Miles Davis photo for friend's tattoo | Courthouse News Service). The panel left intact the jury’s finding of no infringement on the ground that the tattoo and photograph were not “substantially similar,” and emphasized that it would not substitute its view for the jury’s on this fact-intensive question."

Kat Von D Wins Copyright Case, Fair Use of Miles Davis Photo; Bloomberg Law, January 26, 2024

Maia Spoto, Bloomberg Law; Kat Von D Wins Copyright Case, Fair Use of Miles Davis Photo

"A tattoo by celebrity artist Kat Von D of jazz legend Miles Davis is not substantially similar to the photo it was based on, a Los Angeles jury found Friday afternoon in a victory for the tattoo industry.

The tattoo, which Von D inked for free on her friend’s arm using photographer Jeffrey Sedlik’s portrait as a reference, is fair use, the jury ruled. The jurors deliberated for less than three hours, and about half of them talked to and hugged Von D in the courtroom after the trial concluded in the Central District of California."